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ACHD Comments,~ Date: March 9, 2011 ~~3 To: Brent R. Goodwin Coleen M. Goodwin 1969 W. Divide Creek St. Meridian, Idaho 83646 Subject: MCZC-10-071 270 N. Linder Road Rebecca W. Arnold, President John 5. Franden, Vice President Carol A. McKee, Commissioner Sara M. Baker, Commissioner David L. Case, Commissioner On March 9, 2011 the Ada County Highway District Staff acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at (208) 387-6171. Sincerely, Kristy Heller Planner II Right-of-Way & Development Services Ada County Highway District CC: Project file City of Meridian Jon Brecken Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org Right-of-Way & Development Services ~ Department ~~w~ ~~~~ G09wm~.~'ad~O satv~rco Project/File: MCZC-10-071 This is a certificate of zoning compliance application fora 2, 800 square foot birthing center on 1-acre. This site is located on the east side of Avenue Linder Road, north of Franklin Road in Meridian, Idaho. Lead Agency: City of Meridian Site address: 270 N. Linder Road Staff Approval: March 9, 2011 Applicant/ Owner: Brent R. Goodwin Coleen M. Goodwin 1969 W. Divide Creek St. Meridian, Idaho 83646 Staff Contact: Kristy Heller Phone: 387-6171 E-mail: kheller(a~achdidaho.org Tech Review: February 24, 2011 A. Findings of Fact 1. Description of Application: This is a certificate of zoning compliance application fora 2,800 square foot birthing center on 1-acre. There is an existing single-family residence onsite that will be converted to the birthing center. 2. Description of Adjacent Surrounding Area: Direction Land Use Zonin North Estate Residential Zone R-1 South Estate Residential Zone R-1 East Creamline Park Sub Li ht Industrial District I-L West Light Industrial District I-L 3. Site History: ACHD staff previously reviewed this site as MAZ-09-003 in August 2009. The requirements of this staff report are not consistent with those of the prior action due to the recently adopted revisions to Section 7200 of the ACHD Policy Manual. 4. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 5. Capital Improvements Plan (CIP)/Five Year Work Plan (FYWP): • Franklin Road is scheduled in the Five Year Work Plan to be widened to 5-lanes from Ten Mile Road to Linder Road in 2012. MCZC-10-071 • The intersection of Pine Avenue and Linder Road is scheduled in the Five Year Work Plan to be widened to 5-lanes on the north and south legs, and 3-lanes on the east and west legs, and reconstructed/signalized in 2012. • Linder Road is listed in the Capital Improvements Plan to be widened to 5-lanes from Franklin Road to Cherry Lane between 2019 and 2027. • The intersection of Franklin Rod and Linder Road is listed in the Capital Improvements Plan to be widened to 6-lanes on the north and east legs, and 5-lanes on the south and west legs, and signalized between 2019 and 2027. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 91 additional vehicle trips per day (10 existing); 9 additional vehicle trips per hour in the PM peak hour (1 existing), based on the Institute of Transportation Engineers Trip Generation Manual, 8~' edition. 2. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) Functional PM Peak Hour PM Peak Hour Existing Plus Roadway Frontage Classification Traffic Count Level of Project Service Linder Road 120-feet Principal Arterial 698 Exceeds "E" Exceeds "E" *Acceptable level of service for atwo-lane principal arterial is "E" (690 VPH). 3. Average Daily Traffic Count (VDT) Average daily traffic counts are based on ACHD's most current traffic counts. The average daily traffic count for Linder Road north of Franklin Road was 10,398 on 8/19/2009. C. Findings for Consideration 1. Linder Road a. Existing Conditions: Linder Road is improved with 2-travel lanes, and no curb, gutter or sidewalk abutting the site. There is 85-feet of right-of-way for Linder Road (40-feet from section line). b. Policy Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for improving all street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Master Street Map and Typology Policy: District Policy 7205.5 states that the design of improvements for arterials shall be in accordance with District standards, including the Master Street Map and Livable Streets Design Guide. The developer or engineer should contact the District before starting any design. Street Section and Right-of-Way Width: District Policy 7205.5.1 states that the standard S- lane street section shall be 72-feet (back-of--curb to back-of-curb). This width typically accommodates two travel lanes in each direction, a continuous center left-turn lane, and bike lanes on a minor arterial and a safety shoulder on a principal arterial. Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalks at least 5-feet wide to be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide between the back-of-curb and street edge of the sidewalk is required to provide increased safety and 2 MCZC-10-071 protection of pedestrians. Consult the District's planter width policy if trees are to be placed within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of 7-feet wide. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. Appropriate easements shall be provided if public sidewalks are placed out of the right-of-way. The easement shall encompass the entire area between the right-of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right- of-way or wholly within an easement. c. ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway features required through development. This segment of Linder is designated in the MSM as an Industrial Arterial with 5-lanes and on-street bike lanes, a 74-foot street section within 98-feet of right-of-way. d. Applicant Proposal: The applicant is proposing to construct a 5-foot wide concrete sidewalk abutting the site located approximately 34-feet from the section line of Linder Road. Staff Comments/Recommendations: In August of 2009 when staff reviewed this site for an annexation and rezone application, staff measured the right-of-way width for Linder Road from the centerline of the roadway. After researching prior actions on parcels adjacent to this site, staff found that the centerline of the roadway and the section line to do not align and consistent with those prior actions the right-of-way width for Linder Road shall be measured from the section line of the roadway. The applicant's proposal to construct a 5-foot wide concrete sidewalk should be approved. However, consistent with the MSM, the sidewalk should be located a minimum of 43-feet from the section line of Linder Road abutting the site. A sidewalk easement should be provided for any segment of the sidewalk located outside of the right-of-way. The District is currently acquiring right-of-way to accommodate the eventual widening of Linder Road to a 5-lane industrial arterial roadway. As identified under the Master Street Map, the total right-of-way acquisition should be 98-feet. Therefore, the applicant should be required to dedicate 49-feet of right-of-way from the centerline of Linder Road abutting the site, OR provide the District a 10-foot wide sidewalk easement. 2. Driveways 2.1 Linder Road a. Existing Conditions: There are two existing driveways onto Linder Road from the site. One 29-foot wide driveway located at the north property line, and one 17-foot wide driveway located at the south property line. b. Policy Access Points Policy: District Policy 7205.4.1 states that all access points associated with development applications shall be determined in accordance with the policies in this section and Section 7202. Access points shall be reviewed only for a development application that is being considered by the lead land use agency. Approved access points may be relocated and/or restricted in the future if the land use intensifies, changes, or the property redevelops. Access Policy: District policy 7205.4.7 states that direct access to principal arterials is typically prohibited. If a property has frontage on more than one street, access shall be taken from the street having the lesser functional classification. If it is necessary to take access to the higher classified street due to a lack of frontage, the minimum allowable spacing shall be based on Table 1 b under District policy 7205.4.7, unless a waiver for the access point has been approved by the District Commission. 3 MCZC-10-071 Driveway Location Policy: District policy 7205.4.7 requires driveways located on principal arterial roadways to be located a minimum of 355-feet from the nearest intersection for aright- in/right-out only driveway. Full-access driveways are not allowed on principal arterial roadways. Successive Driveways: District policy 7206.4.7 Table 1 b, requires driveways located on principal arterial roadways with a speed limit of 35 MPH to align or offset a minimum of 355-feet from any existing or proposed driveway. Driveway Width Policy: District policy 7205.4.8 restricts high-volume driveways (100 VTD or more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high- volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be required for low-volume driveways with less than 100 VTD. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7205.4.8, the applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers in accordance with Table 2 under District Policy 7205.4.8. Temporary Access Policy: District Policy 7202.4.2 identifies a temporary access as that which `is permitted for use until appropriate alternative access becomes available'. Temporary access may be granted through a development agreement or similar method, and the developer shall be responsible for providing a financial guarantee for the future closure of the driveway. Cross Access Easements/Shared Access Policy: District Policy 7202.4.1 states that cross access utilizes a single vehicular connection that serves two or more adjoining lots or parcels so that the driver does not need to re-enter the public street system. c. Applicant's Proposal: The applicant is proposing to close the existing 29-foot wide driveway onto Linder Road located at the north property line and replace it with a 5-foot wide detached concrete sidewalk. The applicant is also proposing to widen the existing driveway located at the south property line to 25-feet in width. d. Staff Comments/Recommendations: The applicant's proposal to close the existing 29-foot wide driveway located at the north property line and replace it with a 5-foot wide detached concrete sidewalk meets District Policy and should be approved, as proposed. The applicant's proposal to widen the existing driveway located at the south property line does not meet District Driveway Spacing on Principal Arterials or Driveway Design Criteria Policies. However, staff recommends a modification of policy to allow the driveway to remain in the proposed location due to the fact that the driveway will provide sole access to the site and because it is located on the south property line, it has the potential to provide cross access to the adjacent parcel south of the site should it redevelop in the future. The applicant should be required to pave the driveway its full width and at least 30-feet into the site from the edge of pavement of the adjacent street. Additionally, the driveway meets District criteria to function as a temporary full-access driveway. Temporary full-access will be allowed until Linder Road is widened to 5-lanes, or as conditions warrant. At that time, the driveway would be restricted to right-in/right-out only with the construction of a 6" raised concrete median. The applicant should be responsible to provide the District with a road trust in the amount of $1,200 for the future install of the median. As identified under the Cross Access Easements/Shared Access Policy, staff is supportive of developments providing cross access to adjoining parcels. 3. Tree Planters Tree Planter Policy: Tree Planter Policy: The District's Tree Planter Policy prohibits all trees in planters less than 8-feet in width without the installation of root barriers. Class II trees may be 4 MCZC-10-071 allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. 4. Landscaping Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height restriction on all landscaping located at an uncontrolled intersection and a 50- foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. Applicant's Proposal: The applicant is proposing to leave an existing irrigation well located approximately 42-feet from the section line of Linder Road. Staff Recommendation: The applicant's proposal should be approved, as proposed. The applicant should be required to enter into a license agreement with the District to allow the irrigation well to remain in either the new right-of--way dedication/or a sidewalk easement. 5. Other Access Linder Road is classified as a principal arterial roadway. Other than the access specifically approved with this application, direct lot access is prohibited to this roadway. D. Site Specific Conditions of Approval Dedicate 49-feet of right-of-way from the section line of Linder Road abutting the parcel. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of-way, which is in addition to existing right-of-way from available Corridor Preservation Funds. 2. OR Provide the District a 10-foot wide sidewalk easement on Linder Road abutting the site. 3. Construct a 5-foot wide detached concrete sidewalk located a minimum of 43-feet from the section line of Linder Road abutting the site. A sidewalk easement should be provided for any segment of the sidewalk located outside of the right-of-way. 4. Close existing 29-foot wide driveway onto Linder Road located at the north property line and replace it with a 5-foot wide detached concrete sidewalk, as proposed. 5. Widen the existing driveway located at the south property line to 25-feet in width. Pave the driveway its full width and at least 30-feet into the site from the edge of pavement of the adjacent street 6. Provide the District with a road trust in the amount of $1,200. 7. Enter into a license agreement with the District for the existing irrigation well. 8. Enter into a license agreement with the District for any landscaping located with ACRD right-of- way abutting the site. 9. Other than the access specifically approved with this application, direct lot access to Linder Road is prohibited. 10. Comply with all Standard Conditions of Approval. 5 MCZC-10-071 E. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the ACRD right-of-way. 2. Private sewer or water systems are prohibited from being located within the ACHD right-of-way. 3. In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements or other legal relief is granted by the ACHD Commission. F. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are consistent with applicable federal, state and local laws. 6 MCZC-10-071 Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordinating Council 4. Development Process Checklist MCZC-10-071 5. Request for Reconsideration Guidelines .mss oa~aav~a saavr~dwo~ vamoz ~o airar~u.aa: ~~ o U ~ ~ ~ ~~ ~ ~ }~~= ~ tit ~ ~~~ ~~~ m3~~~ o~ ~ e ~~~l~~~g k ~ ~ I ~ m~ i `~ w ~ ~ ~g~~~~ ~ ~ ~~~ ~ oE~ ~ 1 F <it ~I z ~ ~ ~~~~~ ~ ~~ ~ ~~ ~ ~ ~ t 3 ~ Il! a sr ~.-r ~ 1 CI i7S B 0©0 '~~ ~ t ilk s ~ j~t ~' i~ ~ ;~ ~ ~~ ii~ i ~ ~ ~ ~~ ~.~ ~4~ ~ ~ ~ i ~ ~~, ~ ,~ ~ t ~~ i ~ ~ ~~ i~ ~ i ~; iil:t~~iltj~l~ ~ ., ,. ~'~ . ~~ '~ ~~ ~~ 8 MCZC-10-071 Ada County Utility Coordinating Council Developer/Local Improvement District Right of Way Improvements Guideline Request Purpose: To develop the necessary avenue for proper notification to utilities of local highway and road improvements, to help the utilities in budgeting and to clarify the already existing process. 1) Notification: Within five (5) working days upon notification of required right of way improvements by Highway entities, developers shall provide written notification to the affected utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include but not be limited to, project limits, scope of roadway improvements/project, anticipated construction dates, and any portions critical to the right of way improvements and coordination of utilities. 2) Plan Review: The developer shall provide the highway entities and all utility owners with preliminary project plans and schedule a plan review conference. Depending on the scale of utility improvements, a plan review conference may not be necessary, as determined by the utility owners. Conference notification shall also be sent to the UCC. During the review meeting the developer shall notify utilities of the status of right of way/easement acquisition necessary for their project. At the plan review conference each company shall have the right to appeal, adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the developer with a letter of review indicating the costs and time required for relocation of its facilities. Said letter of review is to be provided within thirty calendar days after the date of the plan review conference. 3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary plans. Utilities may request an updated plan review meeting if revisions are made in the preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days after receiving the revisions to review and comment thereon. 4) Final Notification: The developer will provide highway entities, utility owners and the UCC with final notification of its intent to proceed with right of way improvements and include the anticipated date work will commence. This notification shall indicate that the work to be performed shall be pursuant to final approved plans by the highway entity. The developer shall schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity shall be completed within the times established during the preconstruction meeting, unless otherwise agreed upon. Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit iducc.com for a-mail notification information. 9 MCZC-10-071 Development Process Checklist Items Completed to Date: ®Submit a development application to a City or to Ada County ®The City or the County will transmit the development application to ACRD ®The ACHD Planning Review Section will receive the development application to review ®The Planning Review Section will do one of the following: ^Send a "No Review" letter to the applicant stating that there are no site specific conditions of approval at this time. ®Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ^Write a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ^For ALL development applications, including those receiving a "No Review" letter: • The applicant should submit one set of engineered plans directly to ACHD for review by the Development Review Section for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee assessment.) • The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of--way, including, but not limited to, driveway approaches, street improvements and utility cuts. ^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (Non-Subdivisions) ^ Driveway or Property Approach(s) • Submit a "Driveway Approach Request" form to ACRD Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. ^ Working in the ACHD Right-of--Way • Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application" to ACRD Construction -Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are placing >600 sf of concrete or asphalt. Construction (Subdivisions) ^ Sediment S Erosion Submittal • At least one week prior to setting up aPre-Construction Meeting an Erosion & Sediment Control Narrative & Plan, done by a Certified Plan Designer, must be turned into ACHD Construction to be reviewed and approved by the ACRD Stormwater Section. ^ Idaho Power Company Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. ^ Final Approval from Development Services is required prior to scheduling aPre-Con. 10 MCZC-10-071 Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 11 MCZC-10-071 Request for Reconsideration of Commission Action Request for Reconsideration of Commission Action: A Commissioner, a member of ACRD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACRD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 12 MCZC-10-071